New regulation for food additives R1452 & R1426

On 17 November 2016, the Minister of Health promulgated a new regulation for food additives:

R1425 under FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT NO. 54 OF 1972) is the new REGULATIONS RELATING TO MISCELLANEOUS ADDITIVES IN FOODSTUFFS (believe it or not the Afrikaans version has a different number R1426!!!).

We have 12 months to implement this regulation but be advised, don’t wait!.

Permisible additives and levels

Permissible additives and their levels that were previously controlled by the following regulations will be subject to this regulation:

(a) The Regulations Relating to Anti- caking Agents and the Amounts thereof that may be used in Foodstuffs published under Government Notice No. 2507 of 19 November 1982, as amended by the Government Notice No. R.2354 of 27 September 1991 and Government Notice No. R.3408 of 24 December 1992.

(b) The Regulations Governing Acids, Bases and Salts and the Amounts thereof that Foodstuffs may contain published under Government Notice No. R. 115 of 24 January 1986, as amended by the Government Notice No. R. 1885 of 4 September 1987.

(c) The Regulations Governing Emulsifiers, Stabilisers and Thickeners and the Amounts thereof the Foodstuffs may contain, Government Notice No. R.2527 of 13 November 1987, as amended by the Government Notice No. R. 2555 of 25 October 1991; Government Notice No. R 68 of 15 January 1993,

Government Notice No. R 1137 of 1 July 1994 and Government Notice No. R.1145 of 04 August 1995.

(d) The Regulations Governing the use of Certain Food Additives in Certain Wheaten and Rye Products, Government Notice No. R.2417 of 30 October 1987; as amended by the Government Notice No.R.1144 of 4 August 1995.

(e) The Regulations Relating to Baking Powder and Chemical Leavening Substances, Government Notice No. R.2486 of 26 October 1990, as amended by the Government Notice No. R 123 of 25 January 1991.

These regulations have been repealed but will still be active in the next 12 months until the new one comes into effect.

What does the regulation say:

Purity and grade of additives

A miscellaneous additive shall at all times conform with the applicable Specifications of Identity and Purity recommended by the Codex Alimentarius Commission or with appropriate specifications developed by reputable national or international bodies if there are not Codex standards.

In terms of safety, food grade quality is achieved by conformance of miscellaneous additives to these specifications as a whole and through the production, storage, transport, and handling in accordance with GMP.

(2) A person may not sell a miscellaneous additive, or a foodstuff containing a miscellaneous additive as an ingredient, other than a miscellaneous additive referred to in the GSFA of the Codex Alimentarius Commission.

(3) A person may not import, manufacture or sell a foodstuff with levels that exceed the maximum level for miscellaneous additives, taking accompanying notes into consideration, as specified in the GSFA of the Codex Alimentarius Commission, in such a foodstuff.

(4) The food category descriptors within the food category system of the GSFA as stipulated for assigning food additive use in these Regulations apply to all foodstuffs: Provided that it should not be applied for the purposes of legal product designations, nor are they intended for labelling purposes.

(5) Miscellaneous additives may not be used in foodstuffs intended for infants and young children, including foodstuffs intended for infants and young children that are not in good health, unless stipulated otherwise in the relevant Regulations.

(6) The food additives in this Regulation shall include miscellaneous additives provided by the relevant Codex commodity standards.